Customer Experience Policy

Welcome to Loblaw Marketplace

This Customer Experience Policy (this"Policy") is intended to support and guide your use of Loblaw Marketplace and the Services. Please note:

• This Policy is one of the Program Policies defined in the Agreement. It is incorporated by reference into the Agreement and is binding as part of the Agreement.
• Unless a term is specifically defined below, please check Section 35 – Definitions of the Agreement for its meaning.
• Solely to the extent of any conflict, the terms and conditions applicable to customers on any Site will prevail over this Policy.

1. General Customer Service Obligations

As noted in the Agreement, you are responsible for Your Products and all issues related to them. You are also responsible for all customer service relating to Your Products and Your Transactions, except for issues related to payment. You may only use the Seller Portal or such other tools, platforms and methods as we designate for purposes of customer service. In addition to the requirements outlined in the Agreement, you must also comply with the following when doing so:

a) Quality of Customer Service

Communications with customers must:

• be of high quality, addressing the specific concerns or queries of the customer.
• be conducted by a live individual and not by way of auto-reply messaging of any kind, unless otherwise enabled or allowed in the functionality of the Seller Portal or such other tools, platforms and methods as we designate.
• not request that customers provide positive feedback, or dissuade customers from providing negative feedback.
• not contain any marketing materials, “promotional calls to action”, web URLs or other information (other than as strictly required in order to deliver or provide customer support with respect to Your Products properly) that could reasonably be expected to lead or encourage a customer to leave Loblaw Marketplace.

b) Reviews

To ensure that customers and visitors of the Sites receive unbiased information, You and Your Personnel must not:

• review Your Products or any of your competitors’ products or services offered on any Sites.
• offer rewards of any kind, for reviews of Your Products on any Sites.
• include offers of compensation, for providing a review of Your Products on any Sites (including, but not limited to, gift cards, free or discounted products or other benefits).

2. Credit Card Chargebacks

On occasion, rather than contacting you or Loblaw, a customer may request that his/her credit card company initiate a chargeback (i.e. a reversal of a customer’s credit card transaction). In such cases, the credit card company will contact Loblaw. If Your Products are involved, we will send you a dispute notification letter, asking you to provide certain information to us.

a)If you accept the chargeback

Notify Loblaw promptly and we will deduct the applicable amount from the Sales Proceeds otherwise payable to you.

b) If you wish to dispute the chargeback

You must provide Loblaw with the information requested in the dispute notification letter provided to you, within the timeline set out in the dispute notification letter. If we do not receive the requested information within such timeline (or in the absence of a stated timeline, within five (5) Business Days of our issuance of the dispute notification letter), then we will deduct the applicable amount from the Sales Proceeds otherwise payable to you.

After receiving the requested information from you as required above, Loblaw will review that information and either seek clarification or submit it to the applicable credit card company. We may also contact you again if further information is required.

If the credit card company processes the chargeback, we may deduct the applicable amount from the Sales Proceeds otherwise payable to you.

3. Returns and Refunds

a) All Returns and Refunds

The following apply to all returns and refunds of Your Products:

i. Return Eligibility Categories

Loblaw, in its sole discretion, will classify and identify any product categories and return eligibility categories on the Sites, including as set out below. We may change such classifications from time to time and they will apply to Your Products.

• Non-Returnable (Final Sale)– Products marked as “Non-Returnable (Final Sale)” cannot be returned once the order has been shipped, unless the order arrives as damaged, faulty, is missing a part or accessory, or is otherwise unsuitable as a result of your (or Your Personnel’s) act or omission.
• Returnable –Products marked as “Returnable” may be returned, provided the products are new and unused, in the original packaging with the original tags, if any, still attached.
• Special Instructions –Products marked as “Special Instructions” may be returned subject to our specific instructions and procedures.

ii. Return Period

The return period for all of Your Products that are returnable must be at least sixty (60) days from the date that the customer receives the order.

iii. Customer Return Shipping Options

Customers have the option to either:

• return Your Products to certain storesthat we specify from time to time, which are operated by Loblaw or our Affiliates or franchisees (a “Loblaw Banner Store”); or
• return Your Products directly to you, using a courier specified by Loblaw in our sole discretion. Loblaw will inform you of all such return requests from customers through the Seller Portal.

Certain products may require special handling or additional instructions, in which case, Loblaw will work directly with you and the customer to confirm return shipping arrangements, which may require use of a courier specified by Loblaw in our sole discretion.

Regardless of the return shipping option chosen by the customer, if a returned product is lost in transit (i.e. not received by you), you must issue a full refund to the customer. We may work with you to investigate the circumstances behind the lost product and initiate a claim with the courier, if applicable.

b) Returns to Loblaw Banner Stores

If a customer chooses to return Your Products to a Loblaw Banner Store, the following will apply:

• We will accept returnable products from the customer and ship the returned product to you.
• We will initiate the refund process to the customer. You will be responsible for paying the related return shipping fee, determined by Loblaw in accordance with our then current shipping rates for sellers (the “Return Shipping Fee”).
• If upon receipt of the returned product, you believe you should be compensated for a portion of the Purchase Price (“Restocking Fee”) because the product is: (a) not returned in its original packaging or the UPC code has been removed; (b) has some components/parts missing; or (c) damaged, otherwise altered after delivery or has visible signs of use and is no longer able to be resold, you may submit a support request with reasonable justification, through the Seller Portal. In such event, subject to our approval, a maximum Restocking Fee of 20% of the Purchase Price of the returned product may be applied. In certain limited cases, if you feel the maximum Restocking Fee is insufficient, please provide further details in your support request.
• Loblaw, our Affiliates, or the Loblaw Payments Agent will deduct from and remit to you the following amounts:

c) Returns Directly to You

If a customer chooses to return Your Products directly to you, the following will apply:

• We will provide a pre-paid return shipping postage label to the customer through the applicable Site for most returns. In order to receive such label, the customer is required to select a reason for return, which may include a reason from the list below. We may change the below list of reasons, in our sole discretion. We will share the reason for the return of Your Products with you. 
  • SELLER'S FAULT
    • Your Products are offered and/or sold via any of Your Sales Channels at prices or terms more favourable to customers than Loblaw Marketplace
    • Damaged or defective product
    • Missing parts or item
    • Shipping time took too long (late arrival)
    • Wrong product sent
    • Product is not as described
    • Inadequate quality
    • Product is subject to a Recall
  • CUSTOMER’S FAULT
    • Bought by mistake
    • Do not need the product
• Depending on the reason for the return, you may be responsible for paying the related Return Shipping Fee (as outlined below), determined by Loblaw in accordance with our then current shipping rates for sellers.
• Upon receipt of the returned product, you must indicate through the Seller Portal whether you:
• 
  
  • reject the returned product, if the returned product is not the same as the original product purchased or if the return period for the product has expired. In such event, we may require you to ship the returned product back to the customer; or
  • accept the returned product.When you accept the returned product, you must indicate whether there is reasonable justification to apply a Restocking Fee, and we will initiate the refund process to the customer, on your behalf, accordingly. If the customer subsequently disputes the Restocking Fee, then Loblaw may, in its sole discretion, resolve the customer dispute, including without limitation, refunding the Restocking Fee to the customer. In such case, we will deduct the applicable Restocking Fee from the Sales Proceeds otherwise payable to you.
• If we determine that you have received a returned product but have not indicated rejection or acceptance within two (2) Business Days of receipt, we may, in our sole discretion, initiate the refund process for the customer, deducting from and remitting to you the applicable amounts as set out below.
• Certain returnable products and/or product categories are eligible for free returns by the customer directly to you (“Free Return Products”). If you accept a Free Return Product, you will pay the related Return Shipping Fee regardless of the reason for return. The following are Free Return Products:
  • Apparel & Accessories (including baby apparel);
  • Shoes
• Following your acceptance of the returned product, Loblaw, our Affiliates, or the Loblaw Payments Agent will deduct from and remit to you the following amounts:

* The Referral Fees may be withheld from you if you are not in compliance with the Agreement.